FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 3, 2016 No. 373-FZ

About introduction of amendments to the Town-planning code of the Russian Federation, separate legal acts of the Russian Federation regarding enhancement of regulation of preparation, approval and approval of documentation on the layout of the territory and ensuring complex and sustainable development of the territories and recognition voided separate provisions of legal acts of the Russian Federation

List of amending documents

Accepted by the State Duma on June 24, 2016

Approved by the Federation Council on June 29, 2016

Article 1

Bring in the Town-planning code of the Russian Federation (The Russian Federation Code, 2005, No. 1, Art. 16; No. 30, Art. 3128; 2006, No. 1, Art. 10, 21; No. 23, Art. 2380; No. 31, Art. 3442; No. 50, Art. 5279; No. 52, Art. 5498; 2007, No. 1, Art. 21; No. 21, Art. 2455; No. 31, Art. 4012; No. 45, Art. 5417; No. 46, Art. 5553; No. 50, Art. 6237; 2008, No. 20, Art. 2251, 2260; No. 29, Art. 3418; No. 30, Art. 3604, 3616; No. 52, Art. 6236; 2009, No. 1, Art. 17; No. 29, Art. 3601; No. 48, Art. 5711; No. 52, Art. 6419; 2010, No. 31, Art. 4195, 4209; No. 48, Art. 6246; No. 49, Art. 6410; 2011, No. 13, Art. 1688; No. 17, Art. 2310; No. 27, Art. 3880; No. 29, Art. 4281, 4291; No. 30, Art. 4563, 4572, 4590, 4591, 4594, 4605; No. 49, Art. 7015, 7042; No. 50, Art. 7343; 2012, No. 26, Art. 3446; No. 30, Art. 4171; No. 31, Art. 4322; No. 47, Art. 6390; No. 53, Art. 7614, 7619, 7643; 2013, No. 9, Art. 873, 874; No. 14, Art. 1651; No. 23, Art. 2871; No. 27, Art. 3477, 3480; No. 30, Art. 4040, 4080; No. 43, Art. 5452; No. 52, Art. 6961, 6983; 2014, No. 14, Art. 1557; No. 16, Art. 1837; No. 19, Art. 2336; No. 26, Art. 3377, 3386, 3387; No. 30, Art. 4218, 4220, 4225; No. 42, Art. 5615; No. 43, Art. 5799, 5804; No. 48, Art. 6640; 2015, No. 1, Art. 9, 11, 38, 52, 72, 86; No. 17, Art. 2477; No. 27, Art. 3967; No. 29, Art. 4339, 4342, 4350, 4378, 4389; №48, of Art. 6705; 2016, No. 1, Art. 22, 79) following changes:

1) in Article 1:

a) in Item 9 of the word "and also restrictions of use of the parcels of land and capital construction projects" shall be replaced with words "restrictions of use of the parcels of land and capital construction projects, and also in relation to the territories in which borders implementation of activities for complex and sustainable development of the territory, settlement indicators of minimum admissible level of security of the corresponding territory with objects of utility, transport, social infrastructures and settlement indicators of the most admissible level of territorial availability of the specified objects to the population is provided";

b) add with Item 10.1 of the following content:

"10. 1) linear objects - power lines, communication lines (including linearly - cable constructions), pipelines, highways, rail lines and other similar constructions;";

c) state Item 11 in the following edition:

"11) red lines - lines which designate existing, planned (changeable, again formed) borders of the territories public and (or) borders of the territories occupied with linear objects and (or) intended for placement of linear objects;";

d) add with Item 34 following of content:

"34) activities for complex and sustainable development of the territory - the activities for preparation and approval of documentation on the layout of the territory performed for the purpose of ensuring the most effective use of the territory for placement of capital construction projects of residential, production, public and business and other appointment and such objects, necessary for functioning, and ensuring life activity of citizens of objects of the utility, transport, social infrastructures, and also on architectural construction designing, construction, reconstruction specified in this Item of objects;";

e) add with Item 35 of the following content:

"35) element of planning structure - part of the territory of the settlement, city district or the mezhselenny territory of the municipal district (quarter, the residential district, the area and other similar elements). Types of elements of planning structure are established by the federal executive body authorized by the Government of the Russian Federation.";

Item 1 of Article 2 to state 2) in the following edition:

"1) ensuring complex and sustainable development of the territory on the basis of territorial planning, town-planning zoning and the layout of the territory;";

3) regarding 1 Article 6:

a) in Item 2 of the word "for placement of objects of federal importance" to exclude;

b) state Item 7.2 in the following edition:

"7. 2) approval of drafts of schemes of territorial planning of municipal districts, drafts of master plans of settlements, city districts, drafts of rules of land use and building in the cases provided by this Code;";

4) in Article 7:

a) in Item 2 of the word "for placement of objects of regional value" to exclude;

b) state Item 5 in the following edition:

"5) approval of drafts of schemes of territorial planning of municipal districts, drafts of master plans of settlements, city districts, drafts of rules of land use and building in the cases provided by this Code;";

5) in Article 8:

a) to state item 4 of part 1 in the following edition:

"4) approval of documentation on the layout of the territory in the cases provided by this Code;";

b) to state item 4 of part 2 in the following edition:

"4) approval of documentation on the layout of the territory in the cases provided by this Code;";

c) to state item 4 of part 3 in the following edition:

"4) approval of documentation on the layout of the territory in the cases provided by this Code;";

Item 2 of part 7 of Article 23 to add 6) with words ", determined including based on the data containing in information systems of ensuring town-planning activities, federal state information system of territorial planning, including materials and results of the engineering researches containing in the specified information systems, and also in the state fund of materials and these engineering researches";

7) in Article 30:

a) add with part 5.1 following of content:

"5.1. On the card of town-planning zoning the territories in which borders implementation of activities for complex and sustainable development of the territory, in case of planning of implementation of such activities is provided are without fail established. Borders of such territories are established on borders of one or several territorial zones and can be displayed on the separate card.";

b) add part 6 with item 4 of the following content:

"4) settlement indicators of minimum admissible level of security of the territory with objects of utility, transport, social infrastructures and settlement indicators of the most admissible level of territorial availability of the specified objects to the population if in borders of territorial zone in relation to which the town-planning regulations are established, implementation of activities for complex and sustainable development of the territory is provided.";

To add Article 31 with part 3.1 following of content:

"3.1. By preparation of rules of land use and building regarding establishment of borders of territorial zones and town-planning regulations the possibility of placement in the territories of the settlement, city district of the objects of federal importance, objects of regional value, objects of local value provided by documents of territorial planning shall be provided (except for linear objects).";

Article 33 to add 9) with parts 3.1 - 3.3 following of content:

"3.1. If with rules of land use and building it is not provided according to part 3.1 Articles of 31 of this Code possibility of placement in the territories of the settlement, city district of the objects of federal importance, objects of regional value, objects of local value of the municipal district provided by documents of territorial planning (except for linear objects), the authorized federal executive body, authorized body of the executive authority of the subject of the Russian Federation, authorized body of local self-government of the municipal district send to the head of the settlement, the head of the city district the requirement about modification of rules of land use and building for the purpose of ensuring placement of the specified objects.

3.2. In the case provided by part 3.1 of this Article, the head of the settlement, the head of the city district provide modification of rules of land use and building within thirty days from the date of receipt of the requirement specified in part 3.1 of this Article.

3.3. For the purpose of modification of rules of land use and building in the case provided by part 3.1 of this Article, carrying out public hearings is not required.";

10) Article 37 to add with part 2.1 following of content:

"2.1. Establishment of main types of the permitted use of the parcels of land and capital construction projects is obligatory in relation to each territorial zone concerning which the town-planning regulations are established.";

11) in Article 38:

a) in part 1:

in paragraph one of the word "can include" to replace with the word "include";

declare Item 5 invalid;

b) add with part 1.1 following of content:

"1.1. If in town-planning regulations in relation to certain territorial zone the sizes of the parcels of land, including their area are not established limiting (minimum and (or) maximum), and (or) provided by Items 2 - 4 parts of 1 limiting this Article parameters of the permitted construction, reconstruction of capital construction projects, directly in town-planning regulations in relation to this territorial zone are specified that such limiting (minimum and (or) maximum) the sizes of the parcels of land, extreme parameters of the permitted construction, reconstruction of capital construction projects are not subject to establishment.";

c) add with part 1.2 following of content:

"1.2. Along with specified in Items 2 - 4 parts of 1 limiting this Article parameters of the permitted construction, reconstruction of capital construction projects in town-planning regulations other extreme parameters of the permitted construction, reconstruction of capital construction projects can be set.";

Article 41 to state 12) in the following edition:

"Article 41. Appointment, types of documentation on the layout of the territory

1. Preparation of documentation on the layout of the territory is performed for the purpose of ensuring sustainable development of the territories, including allocation of elements of planning structure, establishment of borders of the parcels of land, establishment of borders of zones of the planned placement of capital construction projects.

2. Preparation of documentation on the layout of the territory for the purpose of placement of capital construction projects in relation to the territory in which borders implementation of activities for complex and sustainable development of the territory is not provided, is not required, except as specified, specified in part 3 of this Article.

3. Preparation of documentation on the layout of the territory for the purpose of placement of capital construction project is obligatory in the following cases:

1) seizure of land is necessary for the state or municipal needs in connection with placement of capital construction project of federal, regional or local importance;

2) establishment, change or cancellation of red lines are necessary;

3) formation of the parcels of land is necessary if according to the land legislation formation of the parcels of land is performed only according to the boundary-setting plan;

4) placement of capital construction project is planned in the territories of two and more municipalities having general border (except for case if placement of such capital construction project is planned to be performed on the lands or the parcels of land which are in the state-owned or municipal property and for placement of such capital construction project provision of the parcels of land which are in the state-owned or municipal property and establishment of servitudes are not required);

5) the construction, reconstruction of linear object are planned (except for case if placement of linear object is planned to be performed on the lands or the parcels of land which are in the state-owned or municipal property and for placement of such linear object provision of the parcels of land which are in the state-owned or municipal property and establishment of servitudes are not required). Other cases in case of which for construction, reconstruction of linear object does not need preparation of documentation on the layout of the territory can be established by the government of the Russian Federation.

4. Types of documentation on the layout of the territory are:

1) site planning of the territory;

2) boundary-setting plan.

5. In relation to the territory in which borders implementation of activities for complex and sustainable development of the territory is not provided, and also placement of linear objects is not planned, preparation of the boundary-setting plan without preparation of the site planning of the territory for the purpose of, 2 Articles provided by part 43 of this Code is allowed.

6. The site planning of the territory is basis for preparation of the boundary-setting plan, except as specified, provided by part 5 of this Article. Preparation of the boundary-setting plan is performed as a part of the site planning of the territory or in the form of the separate document.";

To add 13) with Articles 41.1 and 41.2 of the following content:

"Article 41.1. General requirements to documentation on the layout of the territory

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